Q: 3 day notice does not include city ordinance clause. Trial date coming up
I served a three day notice, tenant ignored and almost three months later we have the trial date coming up. The mediator said the notice is incorrect and I would lose the case. Can I serve him again before trial, is it very likely the case will be dismissed because of it?
A: In order to properly evict a tenant, typically the three day notice must be properly served prior to pursuing the unlawful detainer. If notice was indeed improper than it will be a defense for the tenant. The case will not be automatically dismissed but it would be an issue at trial.
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